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Nick Whisler

Virginia Enacts Consumer Data Protection Act
Virginia Enacts Consumer Data Protection Act

Virginia Enacts Consumer Data Protection Act

As expected, Virginia became the second U.S. state to enact a sweeping data privacy law. The Virginia Consumer Data Protection Act (VCDPA) borrows heavily from California’s data privacy laws (CCPA and CPRA) and the EU’s GDPR, but also contains unique provisions. The…

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California AG Proposes Edits to CCPA Regulations
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California AG Proposes Edits to CCPA Regulations

In August, just before the California Office of Administrative Law (OAL) approved CCPA regulations, the Office of the Attorney General (OAG)

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California Governor Signs Legislation to Create “Mini-CFPB” and License Debt Collectors
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California Governor Signs Legislation to Create “Mini-CFPB” and License Debt Collectors

On September 25, California Governor Gavin Newsom

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Round-up of Recent Privacy Developments
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Round-up of Recent Privacy Developments

By: Nick Whisler and Josh Stevens The past several weeks have brought a flurry of U.S. and international privacy developments. To help you stay on top of the everchanging landscape, here is a high-level summary of recent news and upcoming events. Federal Developments…

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California Formally Approves CCPA Regulations
California Formally Approves CCPA Regulations

California Formally Approves CCPA Regulations

In June, the California attorney general submitted “final” CCPA regulations to the Office of Administrative Law (OAL) for approval. Last Friday, the state

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U.S. Supreme Court Agrees to Take On ATDS Definition Case
U.S. Supreme Court Agrees to Take On ATDS Definition Case

U.S. Supreme Court Agrees to Take On ATDS Definition Case

The U.S. Supreme Court has agreed to hear arguments in Duguid v. Facebook, a case that will hopefully settle at last how an automatic telephone dialing system (ATDS) is defined under the TCPA. The decision comes within days of a Court decision…

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BREAKING: Supreme Court Invalidates Government-Backed Debt Collection Exception, Upholds Rest of TCPA
BREAKING: Supreme Court Invalidates Government-Backed Debt Collection Exception, Upholds Rest of TCPA

BREAKING: Supreme Court Invalidates Government-Backed Debt Collection Exception, Upholds Rest of TCPA

In 2015, Congress exempted calls made to collect debts owed to or guaranteed by the United States from the TCPA’s autodialer restrictions. Today, in 

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CCPA Enforcement Begins This Week
CCPA Enforcement Begins This Week

CCPA Enforcement Begins This Week

Effective Wednesday, July 1, 2020, the California Attorney General may begin enforcing the California Consumer Protection Act (CCPA). Passed just over two years ago, the CCPA requires regulated businesses to provide more transparency regarding their data privacy practices and gives California consumers…

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What is an Advertisement? How Much Deference Should Courts Give FCC Orders?
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What is an Advertisement? How Much Deference Should Courts Give FCC Orders?

One of the most hotly contested issues in TCPA litigation is whether a communication qualifies as an advertisement. For faxes, the determination impacts whether the TCPA applies at all. For calls made and texts sent to cell phones using an autodialer, the…

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